AGREEMENT Between The Anchorage School District And Anchorage Council of Education/American Federation of Teachers, Local 4425 July 1, 2018 ...
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AGREEMENT
Between
The Anchorage School District
And
Anchorage Council of
Education/American Federation of
Teachers, Local 4425
July 1, 2018 through June 30, 2021TABLE OF CONENTS 100 PREAMBLE.......................................................................................................................................................... 4 200 STATUS OF AGREEMENT ............................................................................................................................. 4 201 INTENT ................................................................................................................................................................... 4 202 COMPLETE AGREEMENT .................................................................................................................................. 4 203 SEPARABILITY AND SAVINGS ......................................................................................................................... 5 204 PRINTING AND DISTRIBUTION ...................................................................................................................... 5 205 LABOR LIAISON ................................................................................................................................................... 5 206 DEFINITIONS ........................................................................................................................................................ 5 300 RIGHTS OF THE PARTIES ............................................................................................................................. 6 301 JOINT RIGHTS ....................................................................................................................................................... 6 302 MANAGEMENT RIGHTS .................................................................................................................................... 7 303 ACE RIGHTS .......................................................................................................................................................... 8 304 TEMPORARY EMPLOYEES .............................................................................................................................. 10 305 MEMBERSHIP PAYROLL DEDUCTIONS ...................................................................................................... 11 306 NON-DISCRIMINATION .................................................................................................................................. 12 400 GRIEVANCE ..................................................................................................................................................... 12 401 GRIEVANCE PROCEDURE PURPOSE............................................................................................................ 12 402 GREIVANCE DEFINITIONS ............................................................................................................................. 12 403 GRIEVANCE PROCEDURE ............................................................................................................................... 13 404 GRIEVANCE LEVELS ......................................................................................................................................... 14 500 WORKING CONDITIONS ............................................................................................................................ 15 501 POSITION DESCRIPTION ................................................................................................................................. 15 502 PROBATION ........................................................................................................................................................ 15 503 VACANCIES AND PROBATION ..................................................................................................................... 16 504 PROBATIONARY PERIOD FOLLOWING PROMOTION ............................................................................ 16 505 TRAINING AND PROFESSIONAL DEVELOPMENT................................................................................... 17 506 EVALUATION ..................................................................................................................................................... 17 507 PERSONNEL FILES ............................................................................................................................................. 18 508 WORK PLAN CALENDAR AND DAILY WORK SCHEDULE/SHIFT ....................................................... 19 509 BREAKS ................................................................................................................................................................. 19 510 EMERGENCY CLOSURE ................................................................................................................................... 20 511 ASSIGNMENT IN A HIGHER RANGE ........................................................................................................... 20 512 DISCIPLINE .......................................................................................................................................................... 20 513 SENIORITY ........................................................................................................................................................... 21 514 LAYOFF ALTERNATIVES ................................................................................................................................. 21 515 LAYOFF PROCEDURES ..................................................................................................................................... 21 516 RECALL PROCEDURES ..................................................................................................................................... 22 517 REDUCTION OF HOURS .................................................................................................................................. 23 518 RETIREMENT RETURN ..................................................................................................................................... 23 519 DRUG AND ALCOHOL SCREENING ............................................................................................................ 23 520 TRANSFERS WITHIN THE SAME JOB TITLE ............................................................................................... 24 600 LEAVES .............................................................................................................................................................. 24 601 SICK LEAVE ......................................................................................................................................................... 24 602 SICK LEAVE BANK ............................................................................................................................................ 25 2
603 CATASTROPHIC LEAVE .................................................................................................................................. 26
604 LEAVE DONATIONS ......................................................................................................................................... 26
605 SICK LEAVE CASH IN ....................................................................................................................................... 26
606 FAMILY MEDICAL LEAVE ACT AND THE ALASKA FAMILY/MEDICAL LEAVE ACT .................... 27
607 LEGAL LEAVE..................................................................................................................................................... 27
608 CIVIC LEAVE ....................................................................................................................................................... 27
609 MILITARY LEAVE .............................................................................................................................................. 28
610 PROFESSIONAL LEAVE .................................................................................................................................... 28
611 UNPAID LEAVE .................................................................................................................................................. 29
612 ANNUAL LEAVE DAYS .................................................................................................................................... 31
613 EMERGENCY LEAVE......................................................................................................................................... 32
614 TRAVEL EMERGENCY LEAVE ........................................................................................................................ 32
700 BENEFITS .......................................................................................................................................................... 32
701 HEALTH BENEFITS............................................................................................................................................ 32
702 LIFE INSURANCE ............................................................................................................................................... 33
703 EMPLOYEE INDEMNIFICATION.................................................................................................................... 34
704 WORKERS’ COMPENSATION ......................................................................................................................... 34
705 HOLIDAYS ........................................................................................................................................................... 35
706 EMPLOYEE ASSISTANCE PROGRAM ........................................................................................................... 36
707 MILEAGE REIMBURSEMENT .......................................................................................................................... 36
800 SALARY ............................................................................................................................................................. 36
801 SALARY CONDITIONS ..................................................................................................................................... 36
802 WORKDAYS ......................................................................................................................................................... 38
803 OVERTIME ELIGIBLE POSITIONS .................................................................................................................. 38
804 OVERTIME INELIGIBLE POSITIONS .............................................................................................................. 39
805 STANDBY ............................................................................................................................................................. 40
806 SPECIAL PROJECTS ........................................................................................................................................... 40
807 CLASSIFICATION PLAN................................................................................................................................... 41
808 PER DIEM SCHEDULE....................................................................................................................................... 47
900 DURATION OF AGREEMENT ..................................................................................................................... 48
ADOPTION/RATIFICATION ..................................................................................................................................... 49
APPENDIX I .................................................................................................................................................................... 50
Article I TESTING OBJECTIVES ........................................................................................................................... 50
Article II PROBABLE SUSPICION, POST-ACCIDENT, AND RANDOM TESTING ..................................... 50
Article III CONSENT PROCEDURES ..................................................................................................................... 53
Article IV TESTING PROCEDURES ....................................................................................................................... 54
Article V HOLD HARMLESS ................................................................................................................................. 54
Article VI MANDATED FEDERAL REQUIREMENTS ........................................................................................ 54
DRUG SCREEN CONSENT ......................................................................................................................................... 55
AGREEMENT FOR CONTINUATION OF EMPLOYMENT ................................................................................ 56
IMPAIRED BEHAVIOR REPORT .............................................................................................................................. 58
Letter of Agreement........................................................................................................................................................ 59
3100 PREAMBLE
The Anchorage School Board, hereinafter the “Board”, recognizes the Anchorage Council
of Education/American Federation of Teachers, Local 4425, represented by Alaska Public
Employees Association/AFT, (AFL-CIO), hereinafter “ACE”, as the exclusive collective
bargaining agent for all employees below the level of director; in new positions created
during the term of this Agreement with like or similar job functions and/or employees at
the same organizational level; or in positions previously represented by ACE below the
level of director. Positions previously represented by ACE shall not be assigned to another
bargaining unit or to the Exempt employees group, without the approval of ACE. Disputes
regarding bargaining unit composition shall be resolved by the Alaska Labor Relations
Agency.
200 STATUS OF AGREEMENT
201 INTENT
This Agreement shall modify, replace or add to any policies, rules, regulations, procedures
or practices of the District that shall be contrary to or inconsistent with its terms. Only
Letters of Agreement and Memoranda of Understanding generated during the life of this
Agreement shall have force and effect.
202 COMPLETE AGREEMENT
A. The parties acknowledge that each has had the unlimited right and opportunity to
make demands and proposals with respect to any matter deemed a proper subject
for collective bargaining. The result of the exercise of that right and opportunity are
set forth in this Agreement. This document contains the full and complete
agreement on all bargainable issues between the parties hereto and for all whose
benefit this Agreement is made and no party, except as otherwise expressly
provided for in this Agreement, shall be required during the term of this Agreement
to negotiate or bargain any issue.
B. This Agreement constitutes the entire agreement between the parties; and no oral
statement shall add to or supersede any of its provisions. Individual employees shall
have no authority to add to, modify, or agree to supersede any provision found in
this Agreement. Nothing in this section shall prevent either party from introducing
new subjects for collective bargaining in future negotiations. The parties may elect,
from time to time, to enter into agreements that supplement or clarify the terms and
conditions of employment contained herein. Such agreements shall be in writing
4and be signed by both parties. A copy of any agreement shall be distributed by the
District to the Human Resources Department and all supervisors directly affected by
the agreement.
203 SEPARABILITY AND SAVINGS
In the event that any provision of this Agreement is or shall at any time be determined to
be contrary to law by a court or agency of competent jurisdiction, all other provisions of
this Agreement shall continue in effect. Only the subject of the deleted provisions and the
affected provisions shall be subject to further collective bargaining during the term of the
Agreement with respect to the period covered by this Agreement. The parties hereto agree
that negotiations for changes in the Agreement to conform with federal or state laws shall
commence within 30 days of the date of the changes.
204 PRINTING AND DISTRIBUTION
A. There shall be two signed copies of the final Agreement for the purpose of record,
one for the District and one for ACE.
B. The District and ACE shall electronically post copies of the final Agreement.
205 LABOR LIAISON
Representative(s) of ACE and the District shall meet at least monthly for the purpose of
maintaining open communications, reviewing the administration of this Agreement, and
attempting to resolve problems. Release time shall be provided to an ACE representative,
in addition to the President, to attend these meetings. The ACE President shall appoint the
ACE representative. The ACE President or designee may also be invited by the
Superintendent to attend various leadership meetings. Attendance at such meetings shall
not be charged to ACE, under Article 301.
206 DEFINITIONS
A. “Employee” means an individual represented by ACE.
B. “Full Day”, in compliance with the Fair Labor Standards Act, means eight (8) hours.
The actual workdays of professionals may vary with workload.
5C. “Day” for the purposes of leave, means eight (8) hours, pro-rated for less than full
time.
D. “Immediate Family” includes spouse, father, mother, son, daughter, brother, sister,
stepchild, grandparents, or any other relative that is living in the household. Same
sex domestic partners are included as immediate family through June 30, 2016.
E. “Unit” is a school or other assigned duty station.
F. "Workday" or "work day" means a day in paid status inclusive of paid leaves and
negotiated/authorized release times, usually Monday through Friday.
G. "Non Work Day" means all days available to work by the employee, but identified
as non-paid days on the employee’s work calendar as approved by their supervisor.
H. "Board" means the Anchorage School Board.
I. "District" means the Anchorage School District.
J. "Promotion" means movement to a position in a higher salary range.
K. "Transfer” means a change in duty station with the same job title.
L. "Superintendent" means the District Superintendent or designee.
M. "Termination" shall mean the voluntary or involuntary cessation of employment,
including retirement.
N. “FTE” – “Full Time Equivalent” is calculated on an eight (8) hour workday.
300 RIGHTS OF THE PARTIES
301 JOINT RIGHTS
A. The District shall meet and confer over initial placements with ACE prior to
introducing new job titles into the bargaining unit. No posting of a new regular
position will occur without a signed Letter of Agreement appending the job title,
days worked and range to the current Collective Bargaining Agreement. ACE agrees
to act in an expeditious manner to minimize operational delays.
6B. The Human Resources Department will afford employees the opportunity for an
exit interview at the time of termination. These exit interviews shall be conducted by
Contract Administration and stored in a separate file kept by Contract
Administration for each division. These files shall be available for review by
authorized representatives of ACE upon written request to Contract Administration.
Department or Division Supervisors may also request exit interviews.
C. At least twice each year the ACE Executive Board and/or their designees shall meet
with the Superintendent and other appropriate staff to discuss matters of District
Policy, budget related issues, and state/local legislative priorities.
D. Substitute employees may be utilized to perform the duties specified in the Job
Description of an absent employee for a maximum of one (1) year. Substitutes are
not members of the bargaining unit. When substitutes are utilized, the employee on
leave for whom the substitute is dispatched shall return to the specific position and
location. Employees on paid leave, whose positions are protected under this section,
must continue to meet their obligations under Article 305, below.
E. The District reserves the right to enter into contracts with private service providers
to perform any and all needed work which might otherwise be performed by
members of this bargaining unit. The District will meet and confer with ACE at least
90 days prior to reaching a decision to enter into such a contract. Suggested
alternatives to contracting may be discussed and considered within that time, at the
option of ACE. Options might include but not be limited to providing opportunity
for affected employees to compete with private contractors for performance of work
described in the District's request for proposal, etc.
F. The District and ACE agree to meet from time to time, at the request of either and
the mutual convenience of both, concerning this Agreement, its administration, and
interpretation. By mutual agreement the parties may meet to negotiate Letters of
Agreement to address issues of wages, hours and working conditions.
302 MANAGEMENT RIGHTS
Nothing in this Agreement shall be construed to limit or impair the right of the District to
exercise its own discretion on all management matters, including by way of illustration but
not limited to the following matter, whatever may be the effect upon employment, when in
its sole discretion it may determine it advisable to do any or all of the following:
A. To manage the District generally; to decide the number and location of facilities; to
decide all machines, tools and equipment to be used; to decide the work to be
performed; to move or remove a facility or any of its parts to other areas; to decide
7the method and place for providing its services; to determine the schedules of work
including the school calendar and dates of general District operation, to maintain
order and efficiency in its facilities and operations; to hire, layoff, assign, transfer,
and promote employees; to determine and re-determine the number of hours to be
worked; to determine qualifications for all positions; to make such reasonable rules
and regulations not in conflict with this Agreement, as it may from time to time
deem best for the purposes of maintaining order, safety and/or effective operations
of its facilities, and after advance notice thereof to ACE and employees, to require
compliance therewith by employees; to discipline and discharge employees for just
cause.
B. Management shall have all other rights and prerogatives, including those exercised
unilaterally in the past, subject only to express restrictions on such rights, if any, as
are provided in this Agreement.
303 ACE RIGHTS
A. ACE through its representatives, shall have the right to transact official ACE
business relevant to representing employees on District property at all reasonable
times, provided that it does not significantly interfere with or interrupt job
assignments or other normal District operations. Rooms or other appropriate
meeting facilities shall be made available for ACE use as requested under the
District building use policy.
B. The District shall permit the ACE President and/or an authorized representative to
visit District sites. Upon arrival, ACE representatives and/or the ACE President,
shall make known their presence to the proper site authority. ACE shall have no
more than ten (10) employee representatives, excluding the President. ACE shall
provide the District with a list of authorized employee representatives. The
employee or staff representatives and/or the ACE President shall be allowed to
represent employees in disciplinary and grievance conferences during work hours.
Representatives and/or the ACE President may investigate grievances during work
hours with notification to Contract Administration. ACE representatives and/or the
ACE President shall have access to all employees covered by the Agreement, not to
interfere with normal District operations. The representatives and/or the ACE
President shall not suffer any loss of compensation for time spent in pursuit of these
duties. Leave slips shall be completed and sent to Contract Administration
designating union leave for actual hours spent on union business.
C. ACE shall have the right to post notices of activities and matters of ACE business
and concerns on staff bulletin boards as designated by the appropriate site authority.
8At least one (1) such bulletin board shall be in each District work site where ACE
employees are assigned.
D. The District shall make available to ACE a copy of all material not specified as
confidential by the Superintendent which is prepared for the Board for all regular or
special School Board meetings. School Board agendas and personnel reports will be
made available to ACE, when they become public.
E. ACE is authorized to use the District electronic mail system and interschool mail
system for communication with employees, consistent with restrictions established
by the School Board. The use of the mail systems is limited to matters of business
between ACE and the District. It is not to be used for exclusive ACE business
without prior approval from Contract Administration. The ACE office shall be a
stop on the District mail route.
F. ACE and the District shall meet and confer over new or revised job descriptions or
other matters of reclassification before implementation or release and prior to
review by the Reclassification Committee.
G. No position within the jurisdiction of ACE shall be assigned to Exempt or to another
bargaining unit without 30 days prior written notice to ACE.
H. The District will not restrain an employee from belonging to ACE or from taking an
active part in ACE affairs or will not discriminate against an employee because of
ACE membership or lawful organizational activity.
I. ACE Employee Representatives shall be allowed, following notification to the
appropriate supervisor, to handle requests, complaints and grievances arising under
this Agreement with the proper District Representative during working hours.
Neither ACE nor the Employee Representative shall suffer any compensatory loss
for a reasonable amount of time spent with District Representatives in pursuit of
contract administration.
J. A maximum of 75 days per fiscal year shall be allocated for employees to participate
in ACE activities. Employees may attend with the approval of Contract
Administration and ACE. Unless otherwise agreed, ten (10) work days advance
notice shall be provided to Contract Administration.
K. The District shall grant ACE the option of purchasing up to an additional 30 release
days for a member to be used for ACE activities, at the employee’s current per diem
rate.
9L. The District shall provide to ACE by the 10th of each month a roster of all current
employees who occupy positions within the bargaining unit, as of the last day of the
previous month. This roster shall contain the names, mailing address, range, step,
work locations, titles, number of work days, date of hire into the bargaining unit,
date of separation and reason for separation for each employee.
M. In the event of a strike or work stoppage by another bargaining unit, ACE members
shall not be required to do the duties normally performed by the employees
engaged in the strike or work stoppage. If the District closes schools or facilities in
response to a strike or work stoppage by another bargaining unit, the District will
continue insurance benefits for ACE bargaining unit members who would otherwise
be receiving benefits.
N. An employee may use reasonable and necessary physical force on a student to
protect self. Unless otherwise directed by a supervisor, an employee may also use
reasonable and necessary physical force on a student to protect a student(s) or others
from physical injury; in any extraordinary case of breach of discipline, to restrain a
physically disruptive student; or to protect property from serious harm. The District
will indemnify the employee as per Article 703.
304 TEMPORARY EMPLOYEES
A. Temporary employees may be utilized by the District for a period up to and
including 90 calendar days with a right of two (2) extensions when the work they are
intended to perform is the work of ACE employees.
B. Temporary employees shall not be paid greater than the appropriate range for the
position on the ACE scale.
C. The District shall send to ACE by the 10th of each month a list of all temporary
employees working in ACE positions, to include employee name, position, hire date,
and rate of pay.
D. Temporary employees shall incur an obligation to pay the professional service fee
defined in Article 305 beginning the 91st calendar day of employment within a
calendar year.
E. Without abrogating District rights under Article 301 F, temporary employees hired
to provide service within a particular department shall not be used to displace a
regular employee working in the same department.
10F. Employees working less than sixty-five (65) hours per month are exempt from this
article.
G. Student interns are exempt from this article.
305 MEMBERSHIP PAYROLL DEDUCTIONS
A. Professional Service Fee
1. Employees who are not members of ACE will be required to pay an initiation
fee and a monthly service fee which shall be no more than the standard uniform
dues and fees for ACE members.
2. In accordance with AS 23.40.225 the District and the Union agree to safeguard
the rights of non-association of employees having bona fide religious
convictions based upon tenets or teaching of a church or religious body of
which an employee is a member. Upon submission of proper proof of religious
convictions to the Alaska Labor Relations Agency, the Agency shall declare the
employee exempt from becoming a member of a labor organization or employee
association. The employee shall pay an amount of money equivalent to regular
union dues to the Union through payroll deduction by the District. Non-
payment of this money subjects the employee to the same penalty as if it were
non-payment of dues. The Union shall contribute an equivalent amount of
money to a charity of its choice not affiliated with a religious, labor or employee
organization. The Union shall submit proof of such contribution to the Labor
Relations Agency, and the District.
3. Except as provided in Article 305.A.2, all employees shall, as a condition of
continuing employment upon completion of the first full month of employment,
authorize on a form provided by the District that the initiation fee and
professional service fee be deducted from their regular paychecks.
B. Membership Dues
1. Employees who voluntarily join ACE and pay an initiation fee and
membership dues shall not be required to pay the professional service fee
described in Article 305.A.1.
2. Employees who desire to have ACE membership dues and initiation fee
deducted from their regular pay and have those funds paid to ACE, shall
execute a written authorization, on a form provided by the District. The
District shall make the deductions each month.
C. Membership Payments
The District will make monthly payments to ACE for authorized initiation fee,
professional service fees and membership dues. The union agrees to defend,
indemnify, and hold the Board harmless against any liability and pay all costs and
11attorney's fees which may arise by reason of any action taken by the Board in
complying with the provisions of this article. The Board retains the exclusive right to
select its own counsel and theories of defense. This indemnification shall not apply
to any claim, demand, suit or other form of liability which may arise as a result of
willful misconduct by the Board.
306 NON-DISCRIMINATION
ACE and the District agree to comply with all state and federal laws, rules or regulations
prohibiting discrimination against any person with regard to employment because of race,
color, religion, physical disability, sex, national origin, age, marital status, change in marital
status, pregnancy or parenthood. This prohibition relates to hiring, placement, transfer,
promotion, upgrading, recruitment, advertisement, layoff, termination and all other kinds
of employment. Employees have the right to use the District’s internal discrimination
complaint procedure to resolve any disputes that may arise from this section. This Article
(306) is not subject to the grievance procedure.
400 GRIEVANCE
401 GRIEVANCE PROCEDURE PURPOSE
The purpose of this procedure is to provide a framework within which employees may
work toward solving problems that assert violation of rights conferred by this Agreement.
Parties to a disagreement shall initially attempt to resolve such problems at the lowest
possible level through informal and free communication.
De-certification of a JROTC Instructor, for any reason, by the U.S. Department of Defense
(DOD) is not subject to the following grievance procedures.
402 GREIVANCE DEFINITIONS
A. "Grievance" shall mean any allegation filed under the terms of this section that there
has been a violation, misapplication, or misinterpretation of the terms and
conditions of employment, as defined in this agreement.
B. "Grievant" shall mean an employee/group of employees/their independent
representative/ACE who initiates a complaint alleging that the employee or group of
employees has been directly injured through a violation, misinterpretation, or
misapplication of this Agreement. The term "grievant" also includes ACE with
12respect to grievances growing out of an alleged violation of its organizational rights
under this Agreement. Independent representation (as applied above) shall only be
authorized if in writing by ACE.
C. "Parties" shall mean the grievant(s), the District, and ACE.
D. “File” shall mean the date sent by mail/faxed/or hand delivered.
403 GRIEVANCE PROCEDURE
A. A grievance must be filed within 20 workdays of the occurrence or such time the
grievant knew or should have known of the alleged act(s) or action(s) on which the
grievance is based. The grievant must be present at Level 1 and may be present at all
other steps. The grievant may be represented by ACE, APEA/AFT representatives,
or by a representative authorized in writing by the ACE President. Any grievance
settlement reached in the absence of involvement by a representative of ACE shall
apply to that grievance only and shall not be a precedent. All such settlements must
be immediately communicated to ACE, in writing.
B. If time limit extensions become necessary, the extensions are to be kept to a
minimum and must be mutually consented to in writing by ACE and the District
prior to the expiration of the time limit.
C. No reprisals shall be taken against an employee for processing a grievance or
participating in the grievance procedure. On the other hand, participation in a
grievance shall in no way absolve an employee from responsibility for performance
or misconduct before or after the filing of a grievance.
D. Grievances and materials created from the grievance process shall not be filed in
official personnel files.
E. A party to a grievance may call and present witnesses at any grievance level.
Witnesses shall be released from work as necessary without loss of pay or benefits if
the hearing is scheduled during the workday of the witnesses. The District retains
the right to avoid unusual costs or loss of productivity by scheduling hearings
outside the regular workday.
F. If both ACE and the District agree, a grievance may be heard by the Superintendent
prior to arbitration.
13404 GRIEVANCE LEVELS
A. Level One (Departmental)
1. A grievant and/or ACE representative with a grievance may initiate the
grievance procedure by filing a written statement of the grievance to the
immediate supervisor with a copy sent to ACE. If the grievance is the result
of a decision beyond the authority of the immediate supervisor, the grievance
will be initiated at Level Two within the same time limits of Level One.
2. The immediate supervisor shall meet with the grievant and/or ACE
representative within five (5) workdays of receipt of a statement of a
grievance. The immediate supervisor shall set the time of the meeting at a
mutually convenient time. A minimum of one (1) workday's notice shall be
given ACE to provide a representative.
3. An ACE representative or any other person may, with the written
authorization from ACE, accompany the grievant at the Level One meeting.
The ACE representative or other person may speak on behalf of the grievant
if requested to do so by the grievant or ACE.
4. The immediate supervisor shall render the decision in writing within ten (10)
workdays of the Level One meeting to the grievant and ACE.
B. Level Two (Contract Administration)
1. If either ACE or the grievant is not satisfied with the disposition of the
grievance at Level One, ACE may file the grievance in writing to the Contract
Administration Department within five (5) workdays of the Level One
decision or due date of that decision.
2. Within five (5) workdays of receipt of the written appeal, the Contract
Administration Department shall meet with the grievant and/or
representative(s) or any other persons in an effort to resolve the grievance.
3. The Contract Administration Department shall render a written decision
within ten (10) workdays of the Level Two meeting to the grievant and ACE.
C. Level Three (Arbitration)
1. If the grievance is not satisfactorily resolved at Level Two, ACE may file,
within 20 workdays of the Level Two decision or due date of that decision, a
request for arbitration with the Contract Administration Department.
2. The District and ACE shall mutually select the arbitrator within ten (10)
workdays of the arbitration request by ACE. If agreement cannot be reached,
the arbitrator shall be selected from lists of arbitrators supplied by the
American Arbitration Association and/or the Federal Mediation and
Conciliation Service and/or the National Arbitration Association. ACE and
the District shall alternately strike an equal number, not to exceed five (5), of
names from the lists until an arbitrator is selected. The side to strike first shall
be determined by the toss of a coin.
143. The arbitrator's function is to interpret and apply this Agreement and render
a decision on alleged violations thereof. The arbitrator shall have no power to
add to, subtract from, or modify any terms of this Agreement nor shall have
any authority to make any decision which requires the commission of an act
prohibited by law, or which violates the terms of this Agreement.
4. All communications to or from the arbitrator must be shared equally and at
the same time between ACE and the District.
5. The decision of the arbitrator shall be final and binding on the District, ACE,
and the represented employee(s).
6. Costs of the arbitrator's services including expenses, if any, shall be borne by
the losing party, or if the arbitrator determines that neither party is the losing
party, then the arbitrator shall assign arbitrator’s fees and expenses
proportionally to the parties as judged equitable.
D. Default
The time limits set forth in this article are important. The failure of the supervisor or the
Contract Administration Department to adhere to the time limits shall result in the
grievance being automatically advanced to the next step. Time limits may, however, be
extended at any time by mutual written agreement of the parties. Neither party will
unreasonably refuse to grant a legitimate request for an extension of time.
500 WORKING CONDITIONS
501 POSITION DESCRIPTION
1. New employees shall have access to a copy of the applicable Job Posting/Job
Description. Current employees shall receive a copy of the applicable Job
Posting/Job Description upon request to the Human Resources Department. A copy
of the Job Posting/Job Description shall be placed in the employee's official
personnel file. The District will review job descriptions periodically or when
specifically requested by an affected employee.
2. If clarification is needed, the employee may request a review meeting with the
supervisor to outline the specific duties and responsibilities of the work assignment,
including other related duties that may be assigned (duties associated within normal
work scope as described in the job description).
502 PROBATION
15The probationary period for new employees shall be six (6) months or 120 workdays,
whichever is longer.
503 VACANCIES AND PROMOTION
A. Unless otherwise mutually agreed, ACE position vacancies will be advertised
internally with an electronic posting, for ACE represented employees only, for not
less than three (3) workdays.
B. The District will make an effort to fill vacancies from within the bargaining unit.
Qualified internal applicants who have submitted a completed application as
specifically outlined in the job posting shall be considered, on merit principles, prior
to acceptance of applications outside the bargaining unit. Qualified internal
applicants will be interviewed.
C. Vacancies not filled as a result of the internal posting will be filled in accordance
with established District procedures regarding advertising, interviewing, and
selection.
D. Employees who are interviewed and not selected may request from a Human
Resources representative, in writing, the reasons for selection of the successful
candidate. Employees may confer with the representative about suggestions to
enhance future promotional opportunities.
E. Employees reclassified to a non-bargaining unit position shall not lose accrued ACE
longevity established prior to such reclassification if returned to ACE within 12
months.
504 PROBATIONARY PERIOD FOLLOWING PROMOTION
Employees who are promoted to a position in a higher range shall serve a 75 workday
probationary period for the higher position. In the event that the employee does not
perform satisfactorily in the higher position, the employee shall be entitled to return to the
former position held or, if filled, the first available position for which the employee is
qualified. Unpaid leave for up to one year shall be granted to employees who do not
complete their probationary period under this provision. Disputes over performance
during these probationary periods are not grievable.
16505 TRAINING AND PROFESSIONAL DEVELOPMENT
A. The District, through their Professional Learning Department, will work with the
ACE Training and Professional Development Committee to address the needs of
ACE members.
B. The District will hold first-aid, AED, CPR and Crisis Prevention Intervention (CPI)
Certification trainings during employee work hours to enable employees who are
required by the District to obtain the certificates to do so.
C. Safety Security employees shall receive annual training on District procedures and
expectations specific to the safety and security of students, staff and facilities.
D. Employees who are required by the District to have an “S” endorsed Commercial
Driver’s License (CDL) and renew their CDL during their employment will be
reimbursed for the cost of renewal. The driver must produce their renewed CDL.
506 EVALUATION
A. An evaluation is an ongoing process of communication between the supervisor and
the employee. This process should provide constructive dialogue and feedback
about work performance; i.e., work place effectiveness and efficiencies, service,
employee goals, and supervisor expectations. The purpose of the annual evaluation
is to provide candid and direct feedback to the employee regarding the degree to
which performance expectations are being met and provide the employee an
opportunity for improvement. The employee's work performance rating shall be
based on duties and responsibilities as outlined in the job description/job posting
and other normal performance expectations of all District employees.
B. Supervisors should meet with employees by October 31 each year to discuss
expectations and goals for the year. Supervisors and employees are expected to
continue performance discussions throughout the work year.
C. Employees will be formally evaluated at least once per year. Employees shall have
their electronic evaluation completed prior to the end of their work year.
D. The supervisor and employee shall meet and discuss the draft evaluation. The
employee may request a follow-up meeting to include an ACE representative.
Following the meeting and consideration of the employee’s input, the supervisor
shall finalize the evaluation. The employee shall have access to a copy of the
completed evaluation.
17E. The employee shall acknowledge the evaluation and note whether they agree or
disagree with the evaluation. An employee who disagrees with the evaluation may
prepare a written response to the evaluation which shall be attached to the
evaluation. The employee will have five (5) workdays from the date of the finalized
evaluation to respond to the evaluation. All evaluations will be electronically filed in
Human Resources by July 1 each year.
F. Evaluation of ACE employees whose position requires them to have a certificate
shall be in accordance with state statute and District certificated evaluation
procedures.
G. ACE shall be involved in any revision of employee evaluation forms.
H. Continuing and significant performance concerns will be addressed through
progressive discipline.
I. Evaluations are not subject to the grievance procedure.
507 PERSONNEL FILES
An employee shall have the right, upon written request, to receive copies of any or all
materials originating subsequent to employment with the District and placed in the
employee's official personnel file. The District shall maintain only one official personnel file
for each employee.
Upon an employee's written request to the Contract Administration Department, letters of
warning and reprimand will be removed from the official personnel file after three and one
half years, provided that no similar subsequent entries have been made into that file,
except in cases of serious misconduct, e.g. sexual impropriety, violence, insubordination,
etc. This opportunity shall not be given in cases of suspension, termination, or disciplinary
demotion.
The District shall provide an employee with a copy of any materials placed in the official
personnel file, at the time of placement, which relate to work performance. An employee
shall have the right to respond in writing to any material placed in such file; the response
shall become part of the file. Anonymous derogatory materials shall not be placed in the
official personnel file.
Unless otherwise mandated by law or court authority, the District shall not release
information on past or present employees without the employee's written release, except
the employee's hire and termination dates, job title(s) and work location(s).
18508 WORK PLAN CALENDAR AND DAILY WORK SCHEDULE/SHIFT
A. WORK PLAN CALENDAR
The District reserves the right to establish calendar restrictions for the selection of
workdays based upon operational needs and declared closure periods.
1. Work Plan Calendars, indicating days that are available to the employee to
work in the upcoming fiscal year, will be distributed to employees 15
workdays prior to the end of their current work year. Employees shall submit
the annual Work Plan Calendar to the supervisor for approval within ten (10)
workdays of receipt of the calendar. The supervisor shall review the plan and
notify the employee within ten (10) workdays of revisions, if any, based upon
program needs. Every effort shall be made to complete the plan in a timely
manner.
2. Any modification to the approved work plan calendar shall be mutually
agreed in writing by the employee and their supervisor.
3. In the event of natural disaster, flood, fire, or other unforeseen compelling
reason, and the employee and supervisor are unable to agree on changes in
the work plan calendar, ACE and the District shall mutually agree to any
changes in work calendars.
B. DAILY WORK SCHEDULE/SHIFT
1. Split shifts shall not be scheduled as regular employee work shifts unless the
employee is agreeable and/or the vacancy is posted in that manner.
2. Work shifts shall be defined and assigned by the supervisor. When possible,
shift assignments shall be voluntary. Permanent shift changes may be made
after two (2) weeks written notice to the employee and ACE. Shorter notice
may be given, by mutual consent of the District and employee.
3. At the written request of the employee and with written approval of the
supervisor, flexible scheduling may be utilized.
509 BREAKS
An unpaid duty-free lunch break of a minimum of 30 minutes approximately mid-
workday shall be provided for full-time employees. Employees shall be free to leave
building grounds during their duty-free lunch in accordance with building/department
procedures. The lunch break may not be eliminated on a regular basis to allow the
employee to arrive late or leave early.
Employees working more than six (6) hours per day shall be allowed two (2) relief breaks,
not to exceed 15 minutes each, during their workday. Relief breaks shall not be used for
19making up time nor shall an employee arrive late or leave early in lieu of taking the relief
break. An employee shall remain on the building grounds during the relief break.
510 EMERGENCY CLOSURE
When District facilities are closed to students due to inclement weather conditions,
employees will telephone the supervisor if arrival will be late, unless phone contact is not
feasible. When an employee arrives within 90 minutes of the normal starting time, full
credit will be given for the day's attendance.
If travel to the workplace is hazardous, the absence will be charged in the following order:
(1) non-work days; (2) if the employee has no non-work days, annual leave; (3) if the
employee has no annual leave, unpaid leave. By mutual agreement between the supervisor
and the employee, the employee may be allowed to utilize flexible scheduling to make up
work missed or may work from an alternative work site.
511 ASSIGNMENT IN A HIGHER RANGE
Employees may be temporarily assigned to positions of higher ranges in the bargaining
unit. Assignments of less than fifteen (15) consecutive workdays shall be at the employees’
current range and step.
A temporary assignment that exceeds fifteen (15) consecutive workdays shall require the
approval of the Superintendent’s Direct Report and will be paid at the appropriate range
for the temporarily assigned position and at the employee’s current step. In this case the
rate of pay will be retroactive to the first day worked in the temporary assignment.
512 DISCIPLINE
A. The District retains the right to discipline employees equitably and for just cause.
Discipline shall be administered in private and shall be progressive. In cases of
serious misconduct, serious disciplinary action up to and including termination may
be taken.
B. Employees may respond in writing to any written reprimand and have such
responses placed in their personnel files by submission to the Contract
Administration office.
C. At least one (1) day’s prior notice of a disciplinary conference shall be provided to
the employee. The notice will include date, time, place, and purpose of the meeting.
20The employee shall have the right to bring an ACE representative. With consent of
the affected employee, a copy of all proceeding records generated in the disciplinary
conference shall be forwarded to the ACE President or designee within three
workdays of the date such action was taken.
D. The District reserves the right to release a new employee at any time within the
initial probationary period if, in its sole discretion, the District finds that the person
fails to meet the standards of the District. Initial probationary employees dismissed
under this section do not have recourse through the grievance procedure.
513 SENIORITY
Seniority shall be established from the date of initial regular placement in the Bargaining
Unit or from the date of most recent employment in the Bargaining Unit, if there has been a
break in District employment, except as provided in Article 515 (A).
514 LAYOFF ALTERNATIVES
The District shall meet and confer with ACE five (5) workdays prior to issuance of layoff
notices to employees to explore alternatives to layoff and discuss affected employees.
Employees scheduled for layoff shall be given preferential consideration for transfer into
vacant ACE positions for which they qualify.
515 LAYOFF PROCEDURES
A. Except specific positions within the Facilities Department (listed below), if the
District determines to reduce or abolish positions within ACE, the least senior
employee within a job title shall be laid off first and the most senior employee
within a job title shall be laid off last. The District shall offer to a laid off employee
the highest range existing position previously held, if the employee is senior to the
incumbent in that position. If no position exists which the laid off employee held
previously, the District shall offer the highest range existing position previously
supervised by the laid off employee, provided the employee is qualified. If more
than one such position is available, the District will select the position to be offered.
A laid off employee assigned to a position previously supervised but not held shall
serve a probation period of six (6) months. At any time after three (3) months into
the probationary period, the employee may be placed in lay off for the remainder of
the recall period or until recalled.
B. An employee whose position is to be eliminated due to budget restrictions,
reorganization, and/or position redefinition will be notified in writing a minimum of
ninety (90) calendar days prior to the elimination of the position. In the absence of
21such timely notification, the employee will receive their full monthly salary, per
diem rate and benefits he/she would have received had the member been given the
proper notice.
C. Accrued annual leave shall be cashed out at time of lay-off unless the employee
requests their annual leave to be held for up to 12 months from the effective date of
lay-off, at which time such leave shall be cashed out. Annual leave shall be cashed at
the per diem rate in effect at the time of lay-off.
D. Employees in layoff status will be considered as any other current ACE bargaining
unit member when applying for vacant positions.
E. The following positions within the Facilities Department may, with ninety (90)
calendar days prior notice, be laid off by inverse order of seniority by project or
group of projects, to which the affected employee(s) is assigned. Employees laid off
from these positions will be recalled as new work for which they qualify becomes
available: Project Manager I; Project Manager II; Project Manager III; Construction
Inspector; Engineering Assistant.
516 RECALL PROCEDURES
A. Recall shall occur in inverse order of layoff by job title. Employees in layoff status
shall retain rights to recall for a period of 15 months. Reinstated employees shall
retain their full seniority, shall not serve an initial probationary period, but not
receive credit for movement on the wage schedule for the layoff period.
Employees who had medical benefits at time of layoff, and who are recalled to a
medical benefit eligible position, shall receive benefit coverage on the first day of the
month following their return to work from layoff status.
B. Employees in layoff status shall be entitled to return to their former job title, if
reestablished. Employees in layoff status shall be given preferential consideration
for any vacancy for which they qualify, within the bargaining unit.
C. Employees who reject recall to the job title from which they were laid off shall
relinquish all rights provided in this Agreement and shall be terminated. Rejection
of other job titles or the same job title with fewer hours per pay period shall not
cancel recall rights. Employees who choose to return to a different job title shall
retain their recall rights as identified in Article 516 to the job title from which they
were laid off, until refusing to accept an offer in the job title from which laid off.
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